Express Easements


Overview

The Title Register provides details of express easements, both those that benefit the property and those that burden it. This articles relates to express easements that benefit the property.


Type of Easements

An easement is a right that enables the owner of one property to use or have access to part of an adjoining property.

Easements may be created deliberately by Deed (an express easement) or may arise because the right is implied as with an easement of necessity, or may arise by prior use of that right, by prescription or by estoppel.

To be an easement the right must satisfy four conditions:

  • The properties must adjoin.
  • One must have the benefit of the right, and the other the burden.
  • The properties must not be owned by the same person.
  • The right must be capable of being created by Deed.

The most common easements are:

  • Right of Way
  • Right of Access
  • Right of Light
  • Right of Support

The aforesaid easements are all rights of a private nature, affecting only neighbouring parcels of land. There are other types of rights that affect public land and yet others that relate to the right to do something with the land. The legal term for the latter is profit a prendre in gross. Examples of profits a prendre in gross are the right to dig peat, the right to fish, the right to hunt, etc. These are separate and distinct from easements, and may be registered in their own right, with their own Title Number and Register, provided they have been granted for 7 years or more, or provided 7 years or more remains unexpired at the time of registration, and that they were created by Deed.

For the sake of completeness it should be mentioned that there is another type of profit a prendre, namely a profit a prendre appurtenant, which relates to a right attached to a parcel of land similar to a right of way. It is not possible to register this type of profit.


Express Easements

Express easements are created deliberately and by Deed. Easements may arise in other ways, i.e. by implication, by prior use, by prescription, estoppel or necessity. Of these easements, only those created expressly will appear in the Title Register. The remaining type of easements do not appear on paper and have not been created by Deed, but exist in law. If they are later added to the property’s Title Register, e.g. following a court order, they would then become express easements.


Creation of an Express Easement

An express easement must be created either by a Deed of Easement, or it must form part of a Deed created for another purpose, e.g. created within a Deed of Transfer.


Dominant and Servient Tenements

When a property is registered all express easements either created by a Deed of Easement, or contained within a Deed, such as a Conveyance or Transfer, will be copied into the Title Register.

The dominant and servient tenements are legal expressions to describe which property benefits from the easement, and which one is burdened by it. So, for example, a right of way in favour of property A would be the dominant tenement and the adjoining property, B, would be the servient tenement. Easements that benefit the land are detailed in Section A of the Title Register. An entry would also be made in the Title Register for the servient tenement because this is the property that is burdened by the easement, and it would therefore be shown in Section C of the Title Register which deals with rights that burden the property.


Title Register

The A Section of the Register describes the property itself and includes easements that benefit the property.

Example Easement from the A section of a Title Register

The land has the benefit of the following rights reserved by the Transfer dated 10 November 1982 referred to in the Charges Register:

“EXCEPT AND RESERVING to the Council and its successors in title the owners and occupiers for the time being of the Council’s adjoining or adjacent land (i) all easements and quasi-easements liberties privileges rights and advantages now or heretofore occupied exercised or enjoyed by the Council’s adjoining or adjacent land over or in respect of the land coloured green which would be implied by statute or by reason of severance in favour of a purchaser of the Council’s adjoining or adjacent land if the same had been transferred to such purchaser and the land coloured green had been retained by the Council (ii) full right and liberty to enter upon the land coloured green or any part thereof to remove the existing boundary hedge.”

NOTE: Copy filed.

Title Register Search


Conveyancing Deeds

The Land Registry often retain digital copies of some of the conveyancing deeds. When they do so a file note is made at the end of the paragraph referring to the particular Deed. The note shown above indicates that the Deed is available to purchase. This will undoubtedly contain more useful detail of the easement and most likely include a Deed Plan prepared by a surveyor.

Conveyancing Deeds Search


Title Register

The Land Registry Title Register holds data relating to the property ownership, purchase price, mortgage, tenure, covenants, rights of way, leases and class of title.

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Title Plan

The Title Plan shows an outline of the property and its immediate neighbourhood, and uses colours to identify rights of way, general boundaries and land affected by covenants.

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Conveyancing Deeds

Deeds creating Restrictions, Covenants, Easements, etc. are often kept digitally by the Land Registry and made available for sale due to their invaluable detail and content to assist in further understanding the Restrictions, etc.

£29.95

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